Maintain GC while working abroad?

N

nygcholder

New Member
Hi,

I am a GC holder since June 2004 and have continuously lived and worked in the US since then. My current job is in a pretty dire state (thanks to the sub-prime mess). But I have now been offered a very good position in an internation firm in Asia. I would like to go and work with them for 2-3 years (based on a pre-determined duration of contract). I will continue to visit US each 3-4 months for a few days until this contract runs out. After 3 years, I plan to be in the US full-time.

My family will continue to reside in the US most of the time (they will visit me there 5-6 months a year) but we will continue to have a home here (rented apartment, car, credit cards, cell phone, utility bills, etc.). We will also file taxes as a US resident (Federal as well as State).

(1) Will this pose a problem for me when we apply for naturalization in 2009?

(2) Does it make better sense to startup a LLC in the US (Delaware Corp) and then work as a contractor in this Asian firm (rather than joining them as their employee)? I really want to convince the POE officer of my intent to be a proud resident of the US.

Thanks
 
You could apply for a reentry permit (I 131). It would protect your GC for an absence of 2 years. You could even renew it. You have to apply it before you leave, but you don't have to wait to have it in your hands as it can be mailed to a US embassy/ consulate overseas.
The pb is that the time counting towards your citizenship would be lost: your clock would restart at zero (it's more complicated than that, refer to the instructions for more details)
If you have never left the US since 2004, you could apply for N470 if the firm would be US based: this would protect your time towards citizenship.

You would probably encounter problems if you apply for USC i n 2009 as you would not be eligible for it because of your long absences.
 
If you have not left the US in the last 12 months (it has to be a continuous period of 12 months), you should definitely apply for N 470 if your firm is US based or you can prove that it is in the interest of the US. This will help you to preserve residence for naturalization purpose even when you are outside the country. Since you have your GC for past 3 yrs, you have already satisfied the 30 month criteria. Definitely look into applying for N470 before you leave, in case you qualify. Talk to an attorney. You should do fine. Good Luck.
 
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